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"I applaud the Chairman for the inclusion of section 4104 that calls for a “study to determine the feasibility of carrying out a project for flood damage reduction” in Harris County. Tropical Storm Allison destroyed expansive areas of my district in June 2001. More than 1,400 homes in the Bellaire section received serious flood damage. About 90 percent of Bellaire is in the Brays Bayou flood plain, according to new maps drawn by the Harris County Flood Control District after that storm, and I did submit requests in the fiscal year 2006 Energy and Water Development Appropriations Act for $12,500,000 to be used to fund for ongoing contracts and to initiate additional construction contracts to mitigate some of this residual damage."

"(a) Definition of Indian Tribe.—In this section, the term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (b) Program.— (1) In general.—In cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may study and determine the feasibility of carrying out water resources development projects that— (A) will substantially benefit Indian tribes; and (B) are located primarily within Indian country (as defined in section 1151 of title 18, United States Code) or in proximity to Alaska Native villages. (2) Matters to be studied.—A study conducted under paragraph (1) may address— (A) projects for flood damage reduction, environmental restoration and protection, and preservation of cultural and natural resources; and (B) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate. (c) Consultation and Coordination With Secretary of the Interior.— (1) In general.—In recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes, and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning studies conducted under subsection (b). (2) Integration of activities.—The Secretary shall— (A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and (B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning carrying out projects studied under subsection (b). (d) Priority Projects.—In selecting water resources development projects for study under this section, the Secretary shall give priority to— (1) the project along the upper Snake River within and adjacent to the Fort Hall Indian Reservation, Idaho, authorized by section 304; and (2) the project for the Tribal Reservation of the Shoalwater Bay Indian Tribe on Willapa Bay, Washington, authorized by section 435(b). (e) Cost Sharing.— (1) Ability to pay.— (A) In general.—Any cost-sharing agreement for a study under subsection (b) shall be subject to the ability of the non-Federal interest to pay. (B) Use of procedures.—The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (2) Credit.— (A) In general.—Subject to subparagraph (B), in conducting studies of projects under subsection (b), the Secretary may provide credit to the non-Federal interest for the provision of services, studies, supplies, or other in-kind contributions to the extent that the Secretary determines that the services, studies, supplies, and other in-kind contributions will facilitate completion of the project. (B) Maximum amount of credit.—Credit under subparagraph (A) shall not exceed an amount equal to the non-Federal share of the costs of the study. (f) Authorization of Appropriations.—There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2002 through 2006, of which not more than $1,000,000 may be used with respect to any 1 Indian tribe."

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